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Max Lowry, Advocate

Category: UK Bankruptcy Law

Satisfied Customers: 1457

Experience: LLB, 10 years post qualification experience

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My bankruptcy was on feb 5th 2010 therefore the 3 years concerning

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My bankruptcy was on feb 5th 2010 therefore the 3 years concerning the matrimonial home was up on 5th Feb 2013 as the IP had not dealt with it. I have received an application to court for possession of the house in order for him to sell it.The date of the application was 4th Feb 2013 and the court date is in March.Can you tell me if an application will be heard and considered as 3 years have passed.The same IP applied to court for an IPA just before my discharge, the case was heard after my discharge and the judge threw it out saying I was already discharged so I wondered if this would be the case with the house.

Hi, welcome to Just Answer. I will help you with your question. In short, the fact the application is dated before the 3rd anniversary of your bankruptcy is probably good enough for the application to be dealt with. What you beed to check is when the application was actually issued at court. That is the important date. Ask the court. If it was issued before expiry of the third anniversary It does not make a difference that the actual hearing will take place after the three years.

Sorry this us probably not what you wish to hear but this is the position.

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Ok, If the OR or Trustee were notified of your interest in the property three months after the date of your bankruptcy time will start to run from that date of notification. I do not know if thats the case here. There is a provision within the Insolvency Act which states that the 3 year time period will start to run only when the OR or Trustee is notified of your interest.

If the above does not apply the reading of section 283A(2) Insolvency Act 1986 seems to suggest the Trustee is out of time. However, the wording is not entirely clear, as is often the case. I would still argue he has gone over 3 years and the property has already reverted to you. You would be best to argue he should have issued the application on 4 February and the wording is clear. Ultimately, the judge will have the final say over who's right. Let's hope you get the same judge who heard the IPA application. You should in any event mention to the judge that the trustee has done this before and his last application was dismissed because he was out of time. If I were pressed on this point I would probably say the time limit expires on 5 February - this is referred to (again, not clearly) in the case of Stonam v Ramrattan (2010).